HomeMy WebLinkAboutCOUNCIL MINUTES 2005-06-08 39179
MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-EIGHTH
REGULAR MEETING OF JUNE 8, 2005
On June 8, 2005, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the Council
at 8 00 p m Council Vice-President Meakin delivered the invocation
Roll was called with the following result: Brian Meakin, Frank J
Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp
and Gerald Taylor
Absent: None
Elected and appointed officials present: Mayor Jack Engebretson, Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, Sue Daniel, Historical Commission and
former City of Livonia Mayors Robert Bennett and Jack Kirksey
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 277-05 RESOLVED, that the minutes of the 1, or Regular Meeting
of the Council held May 25, 2005 are hereby approved as submitted
Council President Taylor announced that a Public Hearing for the following
item will be held on Monday, June 29, 2005 at 7 00 P m , in the Auditorium of the
Livonia City Hall, 33000 Civic center Drive, Livonia, MI
Appeal of the denial by the City Planning Commission of Petition 2005-02-
02-07, submitted by Consignment Outlet Livonia requesting waiver use
approval to operate a second hand store (consignment shop) at 15700
Middlebelt Road on property located on the east side of Middlebelt Road
between Broadmoor Avenue and Rayburn Avenue in the Southwest 1/4 of Section
13
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39180
A communication from the Department of Finance, dated May 20, 2005,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 2005, was received and placed on file for the information of the Council
On a motion by Robinson, seconded by Kokenakes, it was
CR 278-05 RESOLVED, that having considered an application from
Derek A. Channing, 34142 Trillium Court, dated May 9, 2005, requesting
permission to close Norwich between Ann Arbor Trail and Trillium Court,
on Saturday, August 27, 2005, from 2 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, August 28, 2005, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 279-05 RESOLVED, that having considered an application from
Brian Huntoon, 18417 Foch, dated May 23, 2005, requesting permission
to close Foch between Clarita and Pickford on Saturday, July 16, 2005,
from 12 00 noon to 10 00 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Saturday, July 30, 2005, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 280-05 RESOLVED, that having considered a letter from Nancy
Kinggo, Regional Representative, Donor Resources Development,
American Red Cross, dated May 16, 2005, which requests permission to
display six lawn signs advertising a blood drive hosted by Bill Brown Ford
on Thursday, June 16, 2005, which signs are to be 22" x 28" in size and
which will be displayed in front of Bill Brown Ford New Car Dealership
(three signs) and Bill Brown Ford Used Car Dealership (three signs) from
6 30 a m until 7 00 p m the day of the drive, the Council does hereby
grant and approve this request in the manner and form herein submitted,
with the understanding that the City is not responsible should the signs be
removed by Wayne County
CR 281-05 RESOLVED, that having considered a letter from Robert and
Monica Fulton, 9174 Cardwell, dated May 17, 2005, requesting a waiver of
the sidewalk requirement in front of their newly constructed home at 9174
Cardwell, located between Joy Road and West Chicago in the Southeast
1/4 of Section 36, and having further considered the report and
recommendation of the City Engineer, dated May 27, 2005, approved for
submission by the Mayor, the Council does hereby approve this request
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39181
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to lack
of any other public sidewalks existing within the neighboring area,
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date
CR 282-05 RESOLVED, that having considered Petition 2005-05-03-02,
submitted by Dale K. Hughes, dated May 6, 2005, wherein a request is
submitted for the vacating of 2'4" of the 9' easement on Lots 314 and 315,
on his property located at 18571 Hillcrest Street, in order to construct a
garage, and the report and recommendation of the City Engineer, dated
May 23, 2005, suggesting that 4' 4" of the easement be vacated, the
Council does hereby refer this item to the City Planning Commission for
action and recommendation in accordance with provisions of law and City
ordinance
CR 283-05 RESOLVED, that having considered Petition 2005-05-03-03,
submitted by Christine M Neslund-Dudas and Steven P Dudas, dated
April 4, 2005, wherein a request is submitted for the vacating of an
easement that runs diagonally across Lot 5 of the Imonen Subdivision, on
their property located at 32470 Norfolk, the Council does hereby refer this
item to the City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
CR 284-05 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 2005, the Council does hereby approve of and
concur in the reappointment of R Lee Morrow, 37776 N Laurel Park
Drive, Livonia, Michigan 48152, to the City Planning Commission for a
term of three years, which will expire on June 9, 2008
CR 285-05 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 2005, the Council does hereby approve of and
concur in the reappointment of William LaPine, 33855 Carl Drive, Livonia,
Michigan 48152, to the City Planning Commission for a term of three
years, which will expire on June 9, 2008
CR 286-05 RESOLVED, that having considered a communication from
tthe Mayor, dated May 20, 2005, the Council does hereby approve of and
concur in the reappointment of Angelo A. Plakas, 36702 Whitcomb,
Livonia, Michigan 48154, to the Economic Development Corporation for a
term of six years, which will expire on June 7, 2011
CR 287-05 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 2005, wherein he has requested approval of the
reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39182
48152, to the Local Officers Compensation Commission for a seven-year
term expiring April 2, 2012, pursuant to Section 2 48 020 of the Livonia
Code of Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 288-05 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 2005, wherein he has requested approval of the
reappointment of Ann Weinsheimer, 37912 N Laurel Park Drive, Livonia,
Michigan 48152, to the Local Officers Compensation Commission for a
seven-year term expiring April 2, 2012, pursuant to Section 2 48 020 of
the Livonia Code of Ordinances, as amended, and Act No 197 of the
Public Acts of Michigan of 1975, as amended, the Council does hereby
confirm and approve such reappointment.
CR 289-05 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 2005, wherein he has requested approval of the
reappointment of Scott Grace, 31007 Munger, Livonia, Michigan 48154, to
the Local Officers Compensation Commission for a seven-year term
expiring April 2, 2012, pursuant to Section 2 48 020 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of Michigan
of 1975, as amended, the Council does hereby confirm and approve such
reappointment.
CR 290-05 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 11, 2005,
approved for submission by the Mayor, and to which is attached a list of
quarterly adjustments required for the first quarter of the fiscal year 2005
budget, the Council does hereby authorize said budget adjustments and
transfers in the manner and form set forth in the attachment.
CR 291-05 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 11, 2005,
approved for submission by the Mayor, requesting that the designation of
authorized depositories be approved to allow the City to collect property
tax payments and water bills, as well as to purchase Certificates of
Deposit at these locations, and in accordance with Chapter VII, Section 11
of the City Charter, the Council does hereby approve of the designation of
authorized depositories as set forth in the aforementioned report in the
manner and form herein submitted
CR 292-05 RESOLVED, that having considered a communication from
the Fire Chief, dated May 20, 2005, which bears the signature of the
Director of Finance and the Director of Public Safety, and is approved for
submission by the Mayor, the Council does hereby accept a Federal
Emergency Management Agency (FEMA) FY 2004 Assistance to
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39183
Firefighters Grant award wherein the total grant project has been
budgeted for $170,976 00 with the Federal Government's portion (70%)
being $119,684 00 (the grant amount) and the City's portion (30%) being
$51,292 00, FURTHER, the Council does hereby authorize the purchase
of various equipment to design and implement an Electronic Patient Care
Reporting System in the amount of $170,976 00 from various companies
as listed in the aforesaid communication, FURTHER, the Council does
hereby appropriate and authorize an expenditure in the amount of
$119,684 00 from Account No 223-653-987-000 (Federal Grant Capital
Outlay - Major) for this purpose, and when the grant is received, the
amount of the grant, $119,684 00, shall be deposited into Account No
223-653-528-669, Federal Grant Revenue, FURTHER, the Council does
hereby appropriate and authorize an expenditure in the amount of
$51,292 00 from the unexpended fund balance of the Capital Projects
Fund (401) for this purpose, FURTHER, the Council does hereby
authorize the purchase of said items without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute contracts
with Medtronic Emergency Response Systems, 11811 Willows Road NE,
P 0 Box 97006, Redmond, Washington 98073-9706 and Xplore
Technologies, 14000 Summit Drive #900, Austin, Texas 78728, and to do
all other things necessary or incidental to the full performance of this
resolution
CR 293-05 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 18, 2005, approved by
the Director of Public Works and approved for submission by the Mayor,
the Council does hereby authorize the release to Leo Soave, 20592
Chestnut Circle, Livonia, Michigan, 48152, the proprietor of the Cross
Winds Court Subdivision, located on the north side of Six Mile Road
between Stamwich Boulevard and Merriman Road in the southwest 1/4 of
Section 11, of the financial assurances previously deposited pursuant to
Council Resolution 167-97 adopted on February 26, 1997, and
subsequently amended by Council Resolution 35-98 adopted on January
14, 1998, specifically
a) General Improvement Bond $ 4,620 00 (all cash),
b) Sidewalk Bond 37,000 00 ($5,000 minimum cash)
c) Entrance Markers-Landscaping 7,500 00 ($3,000 00 minimum cash), and
d) Monuments & Markers 1,135 00 (all cash),
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39184
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
CR 294-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 2005, which transmits its
resolution 05-53-2005, adopted on May 10, 2005, with regard to Petition
2005-03-02-09, submitted by S&W Development requesting waiver use
approval to operate a full service restaurant on property located at 17370
Haggerty Road, on the east side of Haggerty Road, between Six Mile
Road and Seven Mile Road in the Southwest 1/4 of Section 7, which
property is zoned C-2, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2005-03-02-09
is hereby approved and granted, subject to the following conditions
1 That the Fixture Floor Plan marked Sheet No 1 04 prepared by A &
E Designers, Inc , dated March 16, 2005, is hereby approved and
shall be adhered to,
2 That the maximum number of customer seats shall not exceed 147
seats, including 123 seats inside the building and 24 outdoor patio
seats,
3 That the outdoor dining shall be confined to a portion of the
adjacent easterly patio as illustrated on the outdoor seating plan
submitted with this request,
4 That the outdoor dining shall be conducted in a manner that will
ensure that sufficient clear space for pedestrian circulation is
maintained on the patio area at all times,
5 That a trash receptacle shall be provided for the outdoor dining
area,
6 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and approval
by the Planning Commission and City Council,
7 That the awnings of this unit shall not include any identification
sign, and shall not be backlit;
8 That wall signage shall not be illuminated beyond one (1) hour after
this business closes,
9 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows,
and
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39185
10 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
CR 295-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 2005, which transmits its
resolution 05-54-2005, adopted on May 10, 2005, with regard to Petition
2005-04-02-10, submitted by Healthy Choices Cafe requesting waiver use
approval to add outdoor restaurant seating on the sidewalk area in front of
the restaurant located at 33523 Eight Mile Road, in the Northridge
Commons Shopping Center, on the south side of Eight Mile Road
between Farmington and Gill Roads in the Northeast 1/4 of Section 4,
which property is zoned C-2, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2005-04-02-10
is hereby approved and granted, subject to the following conditions
1 That the outdoor dining shall be confined to portions of the sidewalk
directly in front of the subject restaurant units as illustrated on the
proposed outdoor seating plan submitted with this request,
2 That the portions of the sidewalk areas utilized for outdoor seating
shall be enclosed (except for the width of the walkway leading to
and from the restaurant doors) by a temporary fence during the
seasonal times when the outdoor seating is in use, as shown on the
proposed outdoor seating plan,
3 That the maximum number of outdoor seats shall not exceed 32,
4 That this approval for additional seats is applicable to the outdoor
dining areas only and shall not be construed as to permit additional
seating inside the building,
5 That the petitioner shall comply with the following stipulations in the
correspondence dated April 18, 2005, from the Inspection
Department;
• Care must be taken to ensure that walkways and seating aisles
maintain their clearances, the walkway from the door should be
a minimum of 44 inches clear and the exterior seating aisles
should be a minimum of 36 inches clear;
6 That a trash receptacle shall be provided for the outdoor dining
area,
7 That all other conditions imposed by Council Resolutions #124-04
and #299-04, which granted waiver use approval of the indoor
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39186
seating for the subject restaurants, shall remain in effect to the
8 extent that they are not in conflict with the foregoing conditions, and
That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time of application
for a Zoning Compliance Permit for the outdoor dining
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp
and Taylor
NAYS None
The Analysis of the City of Livonia, dated January 26, 2005 (revised
March 29, 2005) prepared by the Suburban Mobility Authority for Regional
Transportation (SMART), was received and placed on file for the information of the
Council (CR 364-02)
A communication from the Department of Law, dated April 25, 2005, re
imp the Proposed Timeline for Livonia Transportation Program Millage, was received and
placed on file for the information of the Council (CR 364-02)
A communication from the Department of Law, dated May 9, 2005, (with
revisions to pages 2 and 4 of the attachment), regarding the Proposed Amendment to
Chapter VIII, Section 1 of the City Charter -- Millage for Livonia Community Transit
Program and Capital Improvements if the City withdraws from the Wayne County
Transportation Authority (SMART), was received and placed on file for the information
of the Council (CR 364-02)
A communication from the Office of the Mayor, dated May 13, 2005,
regarding the Report and Request from the Budget Task Force/SMART Committee,
was received and placed on file for the information of the Council (CR 364-02)
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39187
A communication from the Department of Community Resources, dated
May 18, 2005, regarding SMART Vehicles, was received and placed on file for the
information of the Council (CR 364-02)
A Listing from Gloria Bradley, SMART, received May 18, 2005, indicating
those communities in Wayne and Oakland Counties that are and are not participating in
SMART, was received and placed on file for the information of the Council
A communication from Community Resources, dated May 23, 2005, re
an early preliminary report about the estimated costs of Livonia Community Transit
without SMART, was received and placed on file for the information of the Council
Robert Bennett, former Mayor of Livonia, 32210 Myrna, Livonia stated he
agreed with the proposal to opt out of SMART, but not with a dedicated millage, the
money could not be used for the General Fund He suggested that Council send this
matter back to Committee
Gary Coin, 32655 Lyndon, Livonia, voiced his concerns to Council
regarding the date of a letter not coinciding with a Council meeting, hiring a consultant
for a Needs Assessment survey, bus service for disabled and senior citizens and a
connection between the City of Livonia and other bus systems
Jack Kirksey, former Mayor of City of Livonia, offered his congratulations to
the City Council and the Mayor for their hard work and creative approach to the
proposed proposal for the very difficult SMART situation He did not feel that the
Livonia Transit System would be detrimental to a mass transit system if one was
implemented in the future
Delores Muller, 9015 Louise, Livonia, as a "Park & Ride" user, stated her
concerns about the City of Livonia opting out of the SMART system, and asked
questions regarding data on the number of "Park & Ride" users, redirecting Livonia
residents to the City of Redford, and communication with the residents regarding the
SMART system
Alan Hyde, 38540 Orangelawn, Livonia, a "Park & Ride" user, stated that
he would like to see the SMART service continue
Karen Zahn, 20535 Osmus, Livonia, a "Park & Ride" user, stated her
support for the continuation of the SMART service
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39188
Mayor Jack Engebretson spoke to the Council and answered questions
posed by the previous speakers, gave details of the operating costs of the Livonia
Community Transit System and acknowledged that a ballot proposal relative to the
SMART system is giving voters an opportunity on the final decision of whether to
maintain this form of transportation in the City of Livonia
State Representative John Pastor spoke to the Council and stated that the
State House of Representatives today passed a balanced budget without cutting
revenue sharing and without raising taxes He said that they would be working with the
State Senate and Governor Granholm on this issue, and he was proud of this endeavor
and that the House is living within their means
On a motion by Knapp, seconded by McCann, it was
CR 296-05 WHEREAS, the City of Livonia currently contributes a
significant amount of funds to the Wayne County Transportation Authority
for the operation of SMART (Suburban Mobility Authority for Regional
Transportation), and
WHEREAS, the City of Livonia could more efficiently utilize a portion of
these funds for the Livonia Community Transit program, resulting in
enhanced services to Livonia residents, and
WHEREAS, in the event that the City withdraws from the Wayne County
Transportation Authority as provided in MCL 124 458, a portion of the
funds previously contributed to the Wayne County Transportation
Authority for the operation of SMART could instead be utilized for the
Livonia Community Transit program, as well as to provide additional
revenues for capital improvements in the City, and would offer a solution
to the critical budget challenges facing the City while at the same time
result in a net decrease in taxes for Livonia residents, and
WHEREAS, the Council of the City of Livonia has determined that, only if
the City first withdraws from the Wayne County Transportation Authority, it
will be necessary to levy and collect a tax of 0 5 of 1 mill on all real and
personal property subject to taxation in the City of Livonia for the purpose
of providing additional revenues for the Livonia Community Transit
program as well as for capital improvements in the City, in addition to
amounts previously authorized,
NOW THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said Council and
pursuant to the provisions of Section 21 of Act 279 of the Public Acts of
1909, as amended, does hereby propose that the Livonia City Charter be
amended by changing Section 1 in Chapter VIII, which changed Section
shall read as follows
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39189
CHAPTER VIII
GENERAL TAXATION
Section 1 Power to Tax; Tax Limit. The City shall have the power to
annually levy and collect taxes for municipal purposes, but such levy shall
not exceed one-half (1/2) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the power to annually
levy and collect taxes each year, commencing on December 1, 1965, in
an amount not to exceed one-tenth (1/10) of one (1) per centum of the
assessed value of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing additional revenues
for police protection and law enforcement personnel, equipment, supplies
and facilities of the City; provided further, that in addition thereto, the City
shall have the power to annually levy and collect taxes each year
commencing on December 1, 1978 in an amount not to exceed fifteen
one-hundredths (15/100) of one (1 ) per centum of the assessed value of
all real and personal property subject to taxation in the City for the sole
and exclusive purpose of providing additional revenues for fire, police and
snow removal personnel, equipment, supplies and facilities of the City;
provided further, that in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of
the assessed value of all real and personal property subject to taxation in
the City for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and library facilities of
the City; provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year commencing on
December 1,1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the sole purpose of
defraying City expenses and liabilities for the collection and disposal
activities required for curbside recycling and yard waste composting
programs, provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year commencing on
December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one
(1) per centum of the taxable value of all real and personal property
subject to taxation in the City for the sole purpose of providing additional
revenues for the establishment of a community recreation center and for
recreation personnel, equipment, supplies, operations and facilities in the
City; provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year for a ten year period
commencing on December 1, 2002 in an amount not to exceed eighty-
nine one-thousandths (89/1000) of one (1) per centum of the taxable value
of all real and personal property subject to taxation in the City for the sole
purpose of providing additional revenues for repairing or replacing public
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39190
roads, sidewalks and trees within the City; provided, further, that in
addition thereto, the City shall have the power, only if the City first
withdraws from the Wayne County Transportation Authority (which
funds are currently used in part for the operation of the Suburban
Mobility Authority for Regional Transportation [SMART]), to annually
levy and collect taxes each year commencing on July 1, 2006 in an
amount not to exceed five one-hundredths (5/100) of one (1) per
centum of the taxable value of all real and personal property subject
to taxation in the City for the sole purpose of providing additional
revenues for the City's community transit program and capital
improvements within the City
RESOLVED FURTHER, that the provisions of the existing section of the
Charter of the City of Livonia which is altered, abrogated or affected by
this proposal, if adopted, now reads as follows
CHAPTER VIII
GENERAL TAXATION
Section 1 Power to Tax; Tax Limit. The City shall have the power to
annually levy and collect taxes for municipal purposes, but such levy shall
not exceed one-half (1/2) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the power to annually
levy and collect taxes each year, commencing on December 1, 1965, in
an amount not to exceed one-tenth (1/10) of one (1) per centum of the
assessed value of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing additional revenues
for police protection and law enforcement personnel, equipment, supplies
and facilities of the City; provided further, that in addition thereto, the City
shall have the power to annually levy and collect taxes each year
commencing on December 1, 1978 in an amount not to exceed fifteen
one-hundredths (15/100) of one (1 ) per centum of the assessed value of
all real and personal property subject to taxation in the City for the sole
and exclusive purpose of providing additional revenues for fire, police and
snow removal personnel, equipment, supplies and facilities of the City;
provided further, that in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of
the assessed value of all real and personal property subject to taxation in
the City for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and library facilities of
the City; provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year commencing on
December 1,1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the sole purpose of
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39191
defraying City expenses and liabilities for the collection and disposal
activities required for curbside recycling and yard waste composting
programs, provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year commencing on
December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one
(1) per centum of the taxable value of all real and personal property
subject to taxation in the City for the sole purpose of providing additional
revenues for the establishment of a community recreation center and for
recreation personnel, equipment, supplies, operations and facilities in the
City; provided further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year for a ten year period
commencing on December 1, 2002 in an amount not to exceed eighty-
nine one-thousandths (89/1000) of one (1) per centum of the taxable value
of all real and personal property subject to taxation in the City for the sole
purpose of providing additional revenues for repairing or replacing public
roads, sidewalks and trees within the City
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy
of the proposed amendment to the Governor of the State of Michigan for
her approval and transmit a copy of the proposed amendment and ballot
question to the Attorney General of the State of Michigan for his approval
as provided by law
RESOLVED FURTHER, that the proposed Charter amendment shall be
and the same is ordered to be submitted to the qualified electors of the
City at a Special City Election to be held on September 13, 2005, and the
City Clerk is hereby directed to give notice of election and notice of
registration therefor in the manner prescribed by law and to do all things
and to provide all supplies necessary to submit such proposed Charter
amendment to the vote of the electors as required by law
RESOLVED FURTHER, that Tuesday, September 13, 2005 is hereby
designated as the date for holding a Special Election on the proposed
Charter amendment and question
RESOLVED FURTHER, that the proposed amendment shall be submitted
to the electors in the following form, to wit:
Shall the Livonia City Charter be amended for authority,
only if Livonia first withdraws from the Wayne County
Transportation Authority (which funds are currently used
in part for the operation of the Suburban Mobility
Authority for Regional Transportation [SMART]), to levy
and collect annually commencing July 1, 2006, an
additional tax not exceeding 0 5 of 1 mill for the City's
community transit program and for capital improvements
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39192
within the City? If levied in 2006, the estimated revenue in
the first year from 0.5 of 1 mill would be approximately
$2,395,311 00.
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered, abrogated or
affected thereby, at least once in the official newspaper of the City of
Livonia at least ten (10) days prior to said Special City Election to be held
on September 13, 2005
RESOLVED FURTHER, that the City Clerk be and is hereby ordered and
directed to post within the voting booths and in the polling places in which
said election is conducted, a verbatim statement of said proposed
amendment and to post and publish such other notices or copies of the
proposed amendment pertaining to the submission of said amendment in
said election as may be required by law and to do and perform all
necessary acts in connection with such election as may be required by
law
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp
and Taylor
NAYS None
The President declared the resolution duly adopted
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 297-05 RESOLVED, the Council does hereby determine to refer to
the Mayor for a report and recommendation regarding forming a
Committee to prepare informational brochures explaining the ballot
proposal whether the City of Livonia should opt out of the Suburban
Mobility Authority for Regional Transportation (SMART)
On a motion by Meakin, seconded by McCann, and unanimously adopted,
it was
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39193
CR 298-05 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 24, 2005,
submitted pursuant to Council Resolution 141-05, with regard to a letter
from the Michigan Liquor Control Commission, dated November 2, 2004,
and the report and recommendation of the Chief of Police, dated March 2,
2005, approved for submission by the Director of Public Safety and the
Mayor, with regard to a request from DePalma, Inc to transfer ownership
of a 2002 Class C licensed business (in escrow) with Dance-
Entertainment Permit from Kreative Ventures, Inc. with license to be held
in escrow, for the business located at 31735 Plymouth Road, Livonia,
Michigan 48150, Wayne County, the Council does hereby take this means
to advise the Michigan Liquor Control Commission that the City Council
approves the said request; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission
Councilmember Robinson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2003-07-01-13)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
and Taylor
NAYS Knapp
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Planning Department, dated June 1, 2005, to
which is attached a communication from the Inspection Department, dated May 26,
2005, re their approval of new plans submitted at the Committee of the Whole meeting
of May 24, 2005, provided by Apple Crest Dental for the construction of a dental office
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39194
at 37500 Seven Mile Road, was received and placed on file for the information of the
Council (Petition 2004-10-08-19)
On a motion by Kokenakes, seconded by Godfroid-Marecki, it was
CR 299-05 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 24, 2005,
submitted pursuant to Council resolution 586-04, with regard to a
communication from the City Planning Commission, dated December 1,
2004, which transmits its resolution 11-153-2004, adopted on November
30, 2004, with regard to Petition 2004-10-08-19 submitted by Apple Crest
Dental, requesting site plan approval in connection with a proposal to
construct a dental office on property located at 37500 Seven Mile Road,
on the north side of Seven Mile Road between Newburgh Road and the I-
275/96 Expressway in the Southeast 1/4 of Section 6, pursuant to the
provisions set forth in Section 18 47 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-10-08-19 is hereby approved and granted,
subject to the property being rezoned to OS, and to the following
additional conditions
1 That the Site Plan marked Sheet 2, dated March 24, 2004, received
by the City Council on May 27, 2005, as revised, prepared by
Mickalich and Associates, is hereby approved and shall be adhered
to, except for the following
• That there shall be no vehicular ingress/egress provided from
Bethany Street;
• That the existing garage shall be removed, including the drive
approach onto Bethany;
• That the outside dumpster and enclosure shall be eliminated
and all trash shall be handled internally;
2 That the Landscape Plan marked Sheet L-1 dated 5-25-05, as
revised, prepared by AZD Associates, is hereby approved and shall
be adhered to,
3 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39195
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plans marked Sheets A-2 1
and A-22 both dated 5-25-05, as revised, prepared by AZD
Associates, are hereby approved and shall be adhered to,
7 That the lower level useable floor area shall be limited to a
maximum of 4,250 square feet as per the submitted Lower Level
Floor Plan, Sheet A-1 0 dated 5-25-05, as revised,
8 That the brick used in the construction shall be full face 4 inch brick,
or in the case a precast concrete system is used, it shall meet
ASTM C216 standards,
9 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
11 That all light fixtures shall not exceed twenty (20) feet in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
12 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
October 15, 2004
• That STOP signs shall be installed for vehicles exiting the site,
13 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated May 26,
2005,
14 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39196
15 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
16 That the greenbelts along the north and west property lines, as
shown on the approved site and landscape plans, are hereby
accepted and shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance,
17 That any change of circumstances in these areas containing the
greenbelts resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45, and
18 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
and Taylor
NAYS Knapp
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 300-05 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 24, 2005,
submitted pursuant to Council Resolution 20-02, with regard to a
communication from the City Planning Commission, dated December 12,
2001, which transmits its resolution 12-197-2001, adopted on December
11, 2001, with regard to Petition 2001-11-02-25, submitted by Kamel
Khuja requesting waiver use approval to add 10 seats to a carryout
restaurant (Pitabilities) on property located on the south side of Plymouth
Road between Laurel and Wayne Roads in the Northwest 1/4 of Section
33, which property is zoned C-2, the Council does hereby determine to
take no further action with regard to this matter
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39197
Council Vice-President took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 080, 090 AND
120 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES
AND REVENUES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Council Vice-President Meakin took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 040, OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Godfroid-Marecki took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM)
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39198
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Kokenakes took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember McCann took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS `THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2005-01-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting of June 8, 2005 REVISED MEETING DATE 39199
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson,
Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from Joan Ketchum, 20280 Hugh, Livonia, re her
request to approve the proposed lot split at 20280 Hugh, was received and placed on
file for the information of the Council
On a motion by Kokenakes, seconded by Knapp, it was
RESOLVED, that having considered a communication from
the City Assessor, dated May 12, 2005, approved for submission by the
Mayor, with regard to a request from Joan Ketchum, 20280 Hugh Street,
Livonia, Michigan 48150, to divide Tax Item No 46-005-02-0009-005 into
two (2) parcels, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result
AYES Kokenakes and Knapp
NAYS Meakin, Godfroid-Marecki, McCann, Robinson and Taylor
The President declared the resolution failed
On a motion by Knapp, seconded by Meakin, it was
CR 301-05 RESOLVED, that having considered a communication from
the City Assessor, dated May 12, 2005, approved for submission by the
Mayor, with regard to a request from Joan Ketchum, 20280 Hugh Street,
Livonia, Michigan 48150, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby determine to deny the request for
dividing Tax Item No 46-005-02-0009-005 into two (2) parcels since the
same would be in violation of the City's Zoning Ordinance and law, as well
as for the reason that the proposed lot split would not be consistent with
good planning and zoning practice
oir A roll call vote was taken on the foregoing resolution with the following result:
39200
Regular Meeting of June 8, 2005 REVISED MEETING DATE
AYES Meakin, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor
I.
NAYS Kokenakes
The President declared the resolution duly adopted
On a motion by Meakin, seconded by Knapp, and unanimously adopted,
it was.
CR 302-05 RESOLVED, that having considered a letter from Mary Ann
Schires, Office Manager, Soave Homes, Inc , 33611 Plymouth Road,
Livonia, Michigan 48150, to which is attached a proposed payback
agreement relating to the widening of Henry Ruff, the Council does hereby
refer this item to the Administration/Department of Law for its report and
recommendation
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
CR 303-05 RESOLVED, that having considered a letter from Mary Ann
Schires, Office Manager, Soave Homes, Inc , 33611 Plymouth Road,
Livonia, Michigan 48150, to which is attached a proposed payback
agreement relating to the widening of Henry Ruff, the Council does hereby
refer the subject matter of payback agreements, as well as the possibility
of charging an administration fee in connection therewith, to the Water,
Sewer and Waste Committee for its report and recommendation
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 304-05 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 11, 2005, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Peter A Basile Sons, Inc., 13000
Newburgh Road, Livonia, Michigan 48150, for completing all work
required in connection with the 2005 Water Main Replacement Project
(Contract 05-J) for the estimated total cost of $319,342 50, based upon
the Engineering Division's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum not to
39201
Regular Meeting of June 8, 2005 REVISED MEETING DATE
exceed $319,342 50 from monies from the 2000 Bond Sale for this
purpose, and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
A communication from the Planning Department, dated June 2, 2005, re
signage approval to be obtained from the Zoning Board of Appeals relative to site plan
approval for the renovation of the exterior of Livonia Chrysler Plymouth Dealership
located at 30777 Plymouth Road, was received and placed on file for the information of
the Council (Petition 2005-04-08-08)
On a motion by Robinson, seconded by Knapp, and unanimously adopted,
it was
CR 305-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 13, 2005, which transmits its
resolution 05-56-2005, adopted on May 10, 2005, with regard to Petition
2005-04-08-08 submitted by the Livonia Chrysler Plymouth Dealership,
requesting site plan approval in connection with a proposal to renovate the
exterior of the automotive dealership located at 30777 Plymouth Road, on
the south side of Plymouth Road, between Merriman Road and Henry Ruff
Road in the Northwest 1/4 of Section 35, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2005-04-08-08 is hereby approved and granted, subject to
the following conditions
1 That the Exterior Building Elevation Plan marked Al dated April 15,
2005, as revised, prepared by Lindhout Associates, is hereby
approved and shall be adhered to,
2 That the wall signs as depicted on the Exterior Building Elevation
Plan are hereby approved, subject to the approval of the Zoning
Board of Appeals for excessive number of signs,
3 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
and
39202
Regular Meeting of June 8, 2005 REVISED MEETING DATE
4 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was.
CR 306-05 RESOLVED, that having considered a communication from
the Director of Community Resources and the Chairperson of the
Historical Commission, dated May 25, 2005, approved for submission by
the Mayor, which requests permission to display two banner signs (4' x 8')
on the fencing at Greenmead and 25" x 15" signs at various locations in
the City announcing the Flea Market to be held Sunday, June 26, 2005, at
Greenmead, which signs shall be installed no earlier than Friday, June 17,
2005, and removed no later than Tuesday, June 28, 2005, the Council
does hereby grant and approve this request in the manner and form
herein submitted
Councilmember McCann left the podium at 9 46 p m to avoid a perceived conflict of
interest.
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 307-05 RESOLVED, that having considered a communication from
Albert lafrate, Alice lafrate and the Estate of Adelina lafrate, dated May
31, 2005, wherein it is requested that Petition 2003-01-01-06, submitted
by Ron G Myers, on behalf of the lafrates, for a change of zoning of
property located at 27480 and 27486 Five Mile Road, on the north side of
Five Mile Road between Inkster Road and Foch Avenue in the Southeast
1/4 of Section 13 from R-1 to OS be withdrawn, the Council does hereby
determine to take no further action with respect to this matter, based upon
the petitioner's request to withdraw this petition
Councilmember McCann returned to the podium at 9 47 p m
Councilmember Robinson wished his younger sister, Janet, a belated
"Happy Birthday"
Councilmember Knapp congratulated the successful outcome of two
charitable events Relay for Life and the Wounded Warrior Project
39203
Regular Meeting of June 8, 2005 REVISED MEETING DATE
Councilmember McCann congratulated St. Mary Mercy Hospital on its
Open House, and also the Police and Fire Departments who assisted in this wonderful
event.
Assistant City Clerk Karen Tesner sent a welcome to Livonia to Tony and
Kelly Godden, a Scottish couple whose visit here is being hosted by City Clerk Val
Vandersloot on behalf of the Rotary Club of Livonia
On a motion by McCann, seconded by Robinson, and unanimously
adopted, this 1,538th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 50 p m , June 8, 2005
6,L
Val Vandersloot, City Clerk